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Determining liability when failing to brake

Failing to brake properly can result in accidents that cause significant injuries and damage. Connecticut motorists may benefit from learning who can be considered liable for these types of rear-end collisions.

Negligent behavior, such as distracted driving, may be the cause of rear-end collisions. The traffic violations drivers commit that compromise safety are generally considered proof of negligence per se. If drivers fail to brake in time because of inattention to the road, they may be held liable, at least in part, for any resulting injuries.

The condition of a vehicle's brake system can also be a factor. Drivers who fail to properly maintain their brake systems, tires or any other equipment in their vehicle may be considered liable for any resulting damages. If it was determined that the mechanical failure of the brakes was due to a defect in the system, however, the vehicle's manufacturer may be pursued for damages.

In many cases, the driving behaviors of more than one motorist involved may contribute to motor vehicle accidents. For example, if one driver runs a red light and is struck by another driver who failed to brake in time, both may share fault. Connecticut follows the theory of comparative negligence, and thus it will be necessary to determine the degree of responsibility of each of the motorists.

Most people believe that the responsibility for a rear-end car accident lies solely with the driver who strikes the car in front, but this is not always the case. An attorney who is representing an injured victim will have several forms of evidence to review, including the software systems of each of the vehicles, when determining the party or parties that should be held at fault.

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Berman & Russo, Attorneys at Law
819 Clark Street
South Windsor, CT 06074

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